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Prosecution for the examples cited above are rare, but they illustrate the nature of Illinois’ age of consent law.
An arrest and criminal prosecution is much more likely when there is any type of disparity in age.
At this age, “consent” is a legal term, not a factual term.
To be blunt, a 17 year old boyfriend who touches, for his sexual gratification , the breasts of his 16 year old girlfriend has committed a sex crime, which could put him on the Illinois sex offender registration list.
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In other words, the accused had a valid reason to believe that the other persons age was at, or beyond, the legal age of consent.If a person is in a “position of supervision” of another, the age of consent becomes 18 years of age.A position of authority can include a coach, teacher, church leader, or any other position where a claim can be made that the accused was an authority figure of the other.Under Illinois law, the age of consent for any type of sexual activity is, typically, 17 years.This means anyone younger than 17 years of age cannot lawfully consent to any type of sex act involving sexual conduct.
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Actually, any voluntary sexual activity between two 16 year olds could put both of them on the sex offender registration list.